Regulacje systemu finansowego w Unii Europejskiej a Konstytucja Rzeczypospolitej Polskiej
Regulations of Financial System in the European Union and the Constitution of Republic of Poland

Selected Issues

Summary/Abstract: The aim of this article is to find out whether – and if so – to what extent, provisions included in the Polish constitution are a barrier in the process of harmonization of the Polish law with the EU law and in the process of full achievement of the objectives of the European regulator. Looking for the answer to this question, this paper includes analysis of changes introduced by the Act of the 5th of August 2015 on macroprudential supervision of financial system and crisis management in the financial system. This act transposes the directive No 2013/26/EU of the European Parliament and of the Council of the 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment fi rms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, to the Polish legal Framework. This act also introduces adjustments of Polish law to provisions included in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment fi rms and amending Regulation (EU) No 648/2012. The analysis conducted in this article leads to the conclusion that provisions included in the Constitution of Republic of Poland are a barrier in the process of harmonization and gives opportunity to put forward de lege ferenda implications.

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